§ 96.07. ENFORCEMENT AND CLEANUP.

(A) If a condition violating this chapter exists on real property, the authorized enforcement agents shall take the following actions:

(1) Certified notice shall be mailed to all owner(s) of record at their last known mailing address. Owner(s) of record will be allowed 30 days from the day of receipt/refusal of notice to bring the property into compliance or submit an acceptable cleanup plan specifying dates.

(2) If no action is taken by the property owner, the authorized enforcement agents will take the appropriate actions to bring the property into compliance with this chapter.

(3) In case of an emergency, the authorized enforcement agents may take immediate action and mail notice by no later than 48 hours following the action. If action to bring compliance is taken, the costs involved may be recovered as set forth in § 96.99.

(B) It shall be a violation of this chapter to interfere with any authorized enforcement agent while in the performance of duties hereunder.

(C) The owner of property on which illegal open dumping acts have occurred may be included as a party in an enforcement action against a person who committed the violation for the purposes of obtaining access to the land to cleanup and properly dispose of the wastes.

(D) Enforcement of this chapter may be brought pursuant to:

(1) I.C. 13-30; or

(2) I.C. 36-9-30-35.

(E) (1) Whenever a law enforcement officer believes in good faith that a person has committed an ordinance violation, the officer may detain the person for a time sufficient to:

(a) Inform the person of the allegations; and

(b) Obtain the person's name, address, phone number and date of birth.

(2) A person who knowingly or intentionally refuses to provide the above information commits a Class C misdemeanor.

(F) A notice of ordinance violation shall state the name of the person to whom the notice is being issued, the nature of the violation, the specific section of this chapter which has been violated, the date of the notice and the fine imposed for the violation in accordance with § 96.99. The notice of ordinance violation shall direct the person to whom it is issued to appear before the specific enforcement agent that issued the notice of ordinance violation.

(1993 Code, § 6-116) (Ord. 95-08, passed 9-5-1995)